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Home My WebLink About2000 06 26 Public Hearings A First Reading - Ordinance 2000-21 Rescinding the Adoption of Ordinance 758 COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular June 26, 2000 Meeting M(2---/ k Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing on Ordinance 2000-21 to consider rescinding Ordinance 758, adopted on May 8, 2000 establishing three (3) policy statements in the comprehensive plan involving preservation of historic and environmentally sensitive resources. PURPOSE: The purpose of this Agenda Item is to rescind three (3) policy statements adopted on May 8, 2000 and transmitted to the Department of Community Affairs (DCA) on May 9,2000 as a large scale comprehensive plan amendment (DCA #00-2). The Town Center plan amendment (Ord. 2000-10) and the Public Schools Facilities Location plan amendment (Ord. 2000-09) were adopted on a different date on April 24, 2000. Therefore, DCA views the submittal as a second submission even though they were all transmitted on the same date, May 9,2000, via Federal Express Service. Rescinding Ord. 758 will reopen the second "window" for submission in calendar year 2000. Failure to act will negate the opportunities for a second plan amendment normally filed in August. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163 .3184(3)(b) F. S. which states in part: ..... "Local governing bodies shall consolidate all proposed plan amendments into a single submission for each of the two plan amendment adoption dates during the calendar year pursuant to 163.3187 F.S." CDD/June 21, 2000/4:24 PM June 26, 2000 PUBLIC HEARING AGENDA ITEM A Page 2 The provisions of9J-11.006(1) F.A.C. which states in part: ". . . .Proposed plan amendments, except those discussed under the exemption provisions of Rule 9J-I1.006(1 )(a) F.A.C., below, shall be consolidated into a single submission for each of the two plan amendments adoption times during the calendar year. . . ." CONSIDERA TIONS: . The Town Center plan amendment [ LG-CP A-1-99 ; Ord. 2000-10 ] and the Public Schools Facilities Location [ LG-CP A-4-99; Ord. 2000-09 ] plan amendment were adopted on April 24, 2000. . The City Commission adopted Ordinance 758 involving three (3) policy statements (LG- CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) dealing with land conservation and resource protection on May 8,2000. . DCA staff was advised that adoption ofOrd. 758 involving three (3) policy statements was delayed until May 8,2000 and would not be adopted simultaneously with the Town Center plan amendment and the Public Schools Facilities Location plan amendment. . DCA informed the City that all three amendments would be considered as a single submittal package if they were filed with DCA on the same date. . The Town Center plan amendment, Public Schools Facilities Location plan amendment and the three (3) policy statements dealing with land conservation and resource protection were mailed via Federal Express Service on May 9,2000. . On June 12, 2000, DCA advised in writing that since the amendments were adopted on different dates, the State will view the submittal as two submittals, thereby using the City's second "window" submittal opportunity scheduled for August, 2000. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing to consider for first reading Ordinance 2000-21 to rescind Ordinance 758 that adopted three (3) policy statements transmitted as an adopted large scale comprehensive plan amendment (DCA #00-2) to the Florida Department of Community Affairs. Rescinding this plan amendment (DCA #00-2) would reopen the second "window" of submission for the year, thus allowing additional plan amendments to be adopted later in calendar year 2000. CDD/June 21, 2000/4:24 PM June 26, 2000 PUBLIC HEARING AGENDA ITEM A Page 3 ATTACHMENTS: A. Ordinance 2000--21 B. Ordinance 758 C. Letter dated June 8, 2000 to Thomas Grimms, AICP from Charles Gauthier, AICP, Chief, Bureau of Local Planning, Florida Department of community Affairs. COMMISSION ACTION: CDD/June 21,2000/4:24 PM ATTACHMENT A ORDINANCE 2000-21 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RESCINDING THE ADOPTION OF ORDINANCE 758, ADOPTED ON MAY 8, 2000, THAT RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG-CP A-2-98, LG-CP A-3-98, ANDLG-CP A- 4-98 WHICH WOULD HAVE AMENDED THE COMPREHENSIVE PLAN BY ADDING THREE (3) POLICY STATEMENTS RELATING TO LAND CONSERVATION AND RESOURCE PROTECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Commmuty Affairs (DCA) has infonned the City by letter dated Jlme 8, 2000 to Thomas Grimms, AIPC from Charles R. Gauthier, AICP, Chief, Bureau of Local Planning, that it is the view of DCA that the City has exausted its two adopted amendment cycles for the calendar year 2000 through the separate adoption dates of Ordinance 2000-1 0 (on April 24, 2000) and Ordinance 758 (on May 8, 2000). WHEREAS, The City of Winter Springs desires to retain open the second "window" of the two adopted amendment cycles per calendar year. 1 draft 6/1/99 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1- Recitals: The foregoing recitals are tme and correct and are fully incorporated herein by tIns reference. Section 2 - Purpose and Intent: It is hereby declared to be the purpose and intent of this Ordinance to rescind adopted Ordinance 758 to reopen the second "window" of the two adopted amendment cycles for the calendar year 2000. Section 3 - Repeal of Prior Inconsistent Ordinances and Resolutions: All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4 - Severability: If any section, subsection sentence, clause, phrase, word or provision of tIns ordinance is for any reason held invalid or unconstitutional by any court of competent jmisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of tins ordinance. Section 5 - Effective Date: The effective This Ordinance shall take effect upon second reading in public hearing. 2 draft 6/1/99 PASSED AND ADOPTED tins_day of , 2000 CITY OF WINTER SPRINGS PAULP. PARTYKA, MAYOR REVIEWED AS TO LEGAL FORM: ANTHONY GARGANESE CITY ATTORNEY ATTEST: ANDREA LORENlO-LUACES CITY CLERK 1ST READING POSTED 2ND READING AND PUBLIC HEARING 3 draft 6/1/99 ATTACHMENT B . -- ---- . -u-.:.- .:.:..'....:.:l:.H.:~ ,. , 27":"1 : =~:CJi I "::;3 i~=: i. 'Ir-1C:~:! ::" ~::'I i G~;'~1bc~'~;!~" r.... d '\ ,! ORDfI'i:\.NCE NO. 758 A~ ORD][NANCE OF TRE CITY OF WINTER S.PR1NGS, SEJ\1lNOLE COUNTY, FLORIDA, RELATING TO COMPRfHENSIVE PLANNING; SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE COIY1J>REHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG- CPA-2-98, LG-CPA-3-98, AND LG-CPA-4-98 WHICH SHALL A1\1END THE COMPREHENSrV"E PLAN BY ADDING THREE POLICY ST A TEME~TS RELA ~G TO Uu"'-i"D CONSERVA nON AN1> RESOURCE PROTECTION; PROVIDING FOR THE REPEAL OF PRlOR L"fCONSISTENT ORDINANCES AND RESOLlTIlONS; PROVIDI:NG FOR SEVERABILITY; PROVIDING fOR INCORPORATION INTO TffE COMPREHENSIVE PLI\.1'f; AND PROVIDING AN EFFECffi'E DATE AND LEGAL STATUS OF THE PLAN AMEND MENTS. WHEREAS, section 163.3161 ct. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and -) WHEREAS, se:;tion 163.3167, Florida Statures, requires each municipality in the State of Fkrida to prepare: .and ~dopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and 'VHEREAS, section 163.3167(11), Florida Statutes, encourages local governments to art:culate a vision of the future physical appearances and quaJities of its community; and WHEREAS, pur:;uant to, and in furtherance of, section 163 .3167( 11). Florida Statutes, the Cit.y Commission of the City of Winter Springs, through a collaborative planning process with meaningfill public participation, desires to adopt three new comprehensive plan policies (LG-CP A-2- 98;, LG-CP A-3 -98; and LG-CP A-4-98) which ;l1'e intended to: (I) preserve vegetative and wildlife habitat of species designated as endangered, threatened or of special concern and significant cultural and archaeologicol resources; (2) provide coordination through the resource protections plans of local, state and federaJ jurisdictions in the development of the Town Center; and (3) provide participation in the development and management practices of any S\N1M Plan or similar lype government agency plans; and W IIEREAS, the Local Planning Agency of the City of Wimer Springs held a duly noticed public hearing, in acco:dance with the procedures in chapter 163, part II, Florida Statutes, on the proposed Comprehensive Plan amendments and considered findings and advice of staff, citizens, and 311 interested parties submitting written and oral comments and has recommended adoption to the City Commission: and ., i / WHEREAS, on November 9. 1998. the City Cormnissiol1 of the City of Winter Springs held a ,july noticed public hearing on the proposed Comprehensive Plan amendment and considered findings and advice; of SlaB: citizens, and <Ill inte:~estcci pa.rties submitting written 2.Ild oral comments, and alter completE: deliberation, approved ~he ;:..Illi:lldI1lClli tal" tl"ailsrnittaJ 10 the florid3. Departmcn! of Com.munity Alfairs; aIle i -Ci ~;- 2C"0)Ci , ='12.::'j : ;::PQll f.: ;.::.=: j. 7;-.;:::;:: i'~ =~21 G~:'~:'.:,G'~'C; r" :'::1 .') WHEREAS, 00 April 30. 1999, the Florida Department or Com....nuoity A.f:fajrs issued its Objections, Recommendations, and Comments IZepo., to the City and found the subject large scale Comprehensive Pbn amendments consistent with Rule 9J-5, Florida Administrative Code, and Chc:pte:.- 163, Part U~ Florida Statutes and also rH!sed no objections to the proposed Comprehensive Plan amendments; and WHEREAS, pursuant to section 9J~ 11.006, Florida Administrative Code, trus Compr~hensive Plan amendment will oot cause the City to exceed its twice yearly submittal allowance for comprehensive plan amendments; and WHEREAS, on January 10, 2000~ the City Commission of the City of Winter Springs held a duly noticed public adoption hearing on the proposed amendments set forth hereunder and considl-red findings and advice of staff: citizens, and all interested parties submitting written and oral comments and supporting data and analysis, as well as the Objections, Recommendations, and Comments of the Florida Department of Community Affairs, and after complete deliberation, approved (with modifications to the original proposed amendment based on DCA's ORC Report) and adopted the proposed amendments hereunder; a.nd .) WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with the requirements of the Local Government Comprehensive Planning and Land Development Regulalion Act and the amendments are in the b.est interests of the public health, safety, and welfare ofl:he citizens of Winter Springs, Florida. NOW, TfffiREFORE, BE IT ORDAINED BY THE CITY COM:MISSION OF TIrE CITY OF \VJfNTER SPRJ:l\GS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: ~~tion 1. Recitals. herein by this reference. The foregoing re,:itaJs are true and correct and are fully incorporated Se-ctjon 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Govern.rr.ent Comprehensive Planning and Land Development Regulations Act, sections 163.1 R4 and 163.187, Florida Statutes. fu::Uk>~. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to c1a.ri.f)1, exp.and, correct. update, modify and othervrlse further the provisions of the City of Wi liter Springs' Comprehensive Plan. ~!:Ji9.n 4. Adloption of Te.xt Amendment to Comprehensive Plan. The City of Winter Springs' Comprehensive Plan is hereby amended as follows: A) LG-CP..\.-2-9S (Conservation Element). A new Policy 3 IS hereby added under ) Objective C of the Conservation Element as fc'Uo",:s: Cir~' of WlnlC. Springs Ordln;lnce No. '15'5 (.I;lll\lary iO. :!()(Il)j PJ!:(; :: ot' =, ) ) : -C;~.- ::::':=~c; , . . 2':~"'::: 1 =-- ':::or i /:..; j"':' =: !. 'I ~~~;:: i :..... -... . - - - - - - .. "::.:.' . :.:J .:' ',:::.",:...-:: ,,;'--.' r' b , \ :) Policy 3) There shall be no destruction of vegetative cOrTUTIurUties, wildlife a.nd wildlife habitat of those species designated as endangered, threatened or of special concern. The City itself shall be subject to this same policy statement. There shall be no destruction of such corrununities and habitats on City owned property. Due to the higher density of development envisioned for the new Town Center, the City shaH create a. Town Center Resources Protection District that will extend to all areas of the Town Center. In 2000, the City shall deveiop specific la..,d development regulations that will ensure resource protection within the Town Ce11ter. ConformiNg Amendm.ents: Existing Policy 3 shall be redesignated as Policy 4 and the existing policies following existing Policy 3 shall be redesignated as Policy 5, 6, 7, and 8 respectively. B) LG-CP A-3-98 (Land Use Element). A new Policy! is hereby added under Objective C, Goal 1 of the Land Use Element as follows: Policy J) Historically significant culturai and archaeological sites shall be protected from development or redevelopment acitvities as detailed in the City Land Development Reh'Ulations- In 2000, the City shall prepare and maintain an inventory of historically significant sites within its corporate boundaries. The City shall assure that there shall be no loss of historic resources on city-owned property In 2000, the City shall develop more re~rictive language in the Land Development Regulations ensuring the protection of historically significant cultural and archaeological sites from development or redevelopment. Conforming Amendm.ents: Existing Policies 1 and 2 shall be redesignated a.s Policy 2 and 3 n~spectively. C) LG-CI'A-4-98 (Intergovemmcnt.'l.! Coordination Element). A new Policy 4 is hereby added under Objective C of the Intergovernmental Coordination Element as follows: In 2000, the City shall develop language;;1 the City's Land Development Regulations ensuring the developmep..t of the City's new Town Center shall be coordinated with all resource protection plans of local, ~;tate and federaJ jurisdictions that may exist. The City sh.all coordinate with the resource protection effo;-ts of SJR \.V1vlD for Lake Jessup and the City shill! involve itself in the process for development of the SWTlvl Plan or a similar plan. ('II:, of WillIe: Spnngs OrWl1;Jl1cc ;-':0 .:)(; ().lrlll;lf~' :0.21)0\)) P~I~:::: :; oi 5 'J "." ) -.\ ) : -C~:-::'2(:C; =;:.Qt \ .-41__....,!. 'Ir-i=:~:; L ;.:': i G~:'~~::.::::::'l:~ ::~~~r : !;-.. COllforming Amendments: None. llit.iQr:t~. Transmittal to the Deparlment of Community AfTairs The City Manager or Ius desi.gnee is hereby designated to sign a leiteI' lPlnsmining these adopted Comprehensive Plan A..'11endments to the Florida Department of Community Affa.irs, in accorda;1ce with section 163.3 137( 1)(c)(4), Florida Starutes, and section 9J-ll, Florida Administrative Code. ~tiQJUi. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordl.'1ances alld resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are ;,ereby repealed to the extent of the conflict. ~Ji.Qn.l. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jwisdiction, whether for substantive, procedural, or any other reason, such portion shaJI be deemed a sepa::-ate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion~. of this ordinance. 5.IT~. Incorporation into Comprehensive Plan. Upon the etlective date of the Comprehensive Plan Amend!l1eI1ts adopted by tIT.s ordinance, said ..\.mendments shall be incorporated into th-e City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. ~Ji..Q!!....2. Effe<:tive Date and Legal Status of the Plan A.mendments. The effective date of tlu: Amendments adopted by this Ordinance shall be a date a final order is issued by the Florida Department of Community Affairs, or the Administration Conunission finding the Amendments in compliance with section 163.3184, Florida Statutes. No development orders, development pem1its, or land use dependent on these lunendments may be issued or commence before it has become effective. ff a fi:1a1 order of noncompliance is issued by the Administration Conunission, the Arnendrnents may nevertheless be made effective by adoption of a resolution affinning its effective status. After and from the effective date of theSE: Amendments, the Comprehensive Pla.n Amendmenb set. forth herein shcll amend the City of Winter S:;:>rings Comprehensive Plan and become a part of that plcUl and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Pian, 3S amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day ofJanuary, :WOO Paul P. P:Ul)'k.'l, Mayor Ci[\, c,f \Vlnl~.r Spn:1?5 OrdInance \0. 75S (J:II1\1;I/V 11). ~()()()) p;j Ie (: :~ () " :; ,) i - () ;:-- 2C:CiCj , ;~:C;: ; . . . . ~-. . T' ,.- :",' . -, 1~...-~. l, 1 :-:=-:~, . u . ..... ':,..:..'~i I 'J ATTEST Andrea Loretlzo-Luace~, City Clerk AS TO LEGAL FORM AND SUFFICIENCY: Anthony A. Gargnnese, City Attorney Transmittal Hearing: . NO\'er:tber 9 199K Adoption He.1rin.g: Janna)"\' 10. :WOO ) .' ",.. . .. . :..~.; ~~.: .:.:...:.;,........ ~~J 0 (It:; of \1.Jinter Si"lrln!;s Ordinance No, ~'58 Li:lI1'.w)' la, 20t10') Pace 5 l)f 5 ATTACHMENT C / / . Jun 12 2000 09:49 ~~ P. r}~ DEPT OF CO~ll'l AFFAIRS Fax:8504883309 ./ It' STATE OF FLORIOA' . D E PAR T MEN T 0 F COM. M U NIT Y A F F A IRS "Dedicated to makIng Florida a better place to call home" ~ JIIB BUSH GovemOf STtM!N M. SEIBERT Sectebry June 8. 2000 Mr. Thomas Grimms, AlCP Comprehensive Planning/Zoning Coord. City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Dear Mr. Grimms: The Department's records reflect that the City of Winter Springs has submitted two aAopted comprehensive plan. amendment packages for the year 2000. The fIrst amendment package: was a~CJPted- ; by Ordinance No. 2000-10 on April 24, 2000, and referenced as DCA# 00-1 ~ The seeond amendmori.t package was adopted by Ordinance No. 758 on May 8, 2000, and referenced as DCA # 00-2. Pursuant to Section 163.3184(3)(b), Florida Statutes and Rule 91.-11.006(1), Florida Administrative Code, local governing bodies shall consolidate all proposed plan amendments into a Sibgle sub~ssion for each.of the. . . - two plan am endm eIit adoDtiondates dm:in&Jh..~talendn yea.... Therefore, by adopting two separate packages on. different dates the City has exhausted their two adopted amendment cycles for the cal~ndar year 2000. The City may continue to submit adopted amendments durin.g the calendar year 2000 if the amendments meet the exemption requirements set forth in Section 163.3187(1), Florida Statutes and Rule 9J-11.006(1)(a)7, Florida Administrative Code.. . We understand that the City may have some expectations of adopting additional plan amendments dwing this calendar year that do not meet the exemption requirements of Section 163.3187(1), Florida Statutes. If this is the case, in order to avoid any difficulti~s, the..c~ity may wish to contact the Department to further discuss their options prior to adopting any additional amendments during the 2000 calendar year. The Department looks forward to working with the City in resolving any issues identified in this . procedural matter. If you. believe that the Department's records are incorrect conceffiing tills issuepryou have any questions, please contaCt Shaw Stiller, at (850) 488-0410. Sinc~rely yol,lTs) ~~~ G~JL Charles R.. Gauthier, Alep Chief, Bateau, of Local Plam:ring eRG/re 211B8 S"U.MARD OAK BOULEVARD ; TA--LLAtt~"8R~, PLOJotiA ~2,:UO-2,1'O.~. 'Phon.: 8S0....88.84U/Suneom 27e:8~l!I8. .F~X: 850.~2.1'.0781/Sul\Oom :2g1..07.81 ..: . . . Inlernei .ddr.....;. bttp:II:w",W.delll,.te~..tt.u. .. .. ..... ~1T""'~1'fWl0l'PlCl!-. ~~ .,~~. .~NOa~~MDr. . 2l!IId___0u.~ 25!15.~o.lC""""'. 2e8l5~~k~'..;.. ~~~.m . T.w-I'l.~' T......."F\..~(J) T*'-.,Jlt.nw.1100 . . ~'3t>24Ot ' ci:8ol,~ ~~~~ . (IllKll~.. '. . ~, .. .., JIj~.J-12-20n0 1 (:.1: 55 850.488330.3 '3e~ P.O.:1